Do You Have A Wrongful Death Lawsuit? Here’s How to Make It Stick
A wrongful death lawsuit is when someone dies because of the negligence of someone else or because of an intentional act of harm. This can happen because of someone’s reckless driving, a doctor failing to diagnose a condition, or when an individual is intentionally killed. (among many other reasons). There are multiple ways wrongful death can happen, but no matter how it happens the end result is always the same. The people left in the wake of the victim’s death go through a period of depression, loneliness, and disbelief.
Usually, wrongful death lawsuits are filed by a victim’s loved one(s). Husbands that lost their wives in a car crash because of a driver’s drunk driving. Mothers who’ve lost their children because of someone else’s negligence. Sisters or brothers who’ve lost their sibling’s due to an intentional act of violence. A wrongful death case, no matter how delicate, requires the same elements of proof as any other case that is filed. To make sure your claims sticks, these are the 4 things you need to prove.
- Negligence: You must prove that your loved one died because of someone else’s recklessness, carelessness, or indifference for the safety of the other people around them
- Breach of Duty: It must be proved that the negligent actor breached a legal duty which he or she owed the victim. For example, a doctor has a legal duty to exercise reasonable care in rendering medical services.
- Causation- it must be proved that the breach of duty caused the victim’s death
- Damages- The damages that were caused by the victim’s death must be quantifiable. Some examples of this are medical expenses, the funeral costs, loss of income and pain and suffering. A husband can sue a defendant for causing him to have to live without the physical and emotional affection his wife provided him and can no longer have.
Filing a wrongful death claim is difficult and the legal process is demanding and involves numerous steps that you have to partake in. Hiring an attorney that is skilled and has experience working in a case such as this is necessary since it has a tendency to get complicated. Vinas & DeLuca have years of experience representing victims of wrongful death cases. If you or someone you know has suffered an injury, death or financial loss due to someone else’s negligence, don’t hesitate to call Vinas & DeLuca at (305) 372-3650. Their clients are their highest priority and their firm handles wrongful death matters throughout Florida, with offices in Miami, Palm Beach, and Tampa.